BOARD02405

• Board Meeting Date: 5/19/2003
• Description: ISF Section - Authorization to Proceed to Trial - Case No. 1-01CW293, Mountian Mutual Reservoir Company
• Board Meetings - Doc Type: Memo

STATE OF COLORADO

.

Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
www.cwcb.state.co.us

Bill Owens
Governor

MEMORANDUM

GregE. Walcher
Executive Director

To: CWCB members

Rod Kuharich
CWCB Director

From: Dan Merriman, Ted Kowalski

Dan McAulilfe
Deputy Director

Date: May 8, 2003

Re: Agenda Item 15, May 19-20, 2003 Board Meeting -
Stream and Lake Protection Section - Authorization to Proceed to Trial-
Case No. 1-OICW293; Mountain Mutual Reservoir Company

. Background

This Application is set for a three-day trial, to begin on July 21, 2003, in Greeley. The Applicant,
the Mountain Mutual Reservoir Company, is seeking a change of water rights, confirmation of yield
of portfolio of water rights and storage facilities, and terms and conditions under which such water
can be used for augmentation and replacement purposes, all within the vicinity of Evergreen. The
CWCB holds a decree for an instream flow water right on North Turkey Creek. The Applicant's
proposed change of water rights and augmentation plan may injure the CWCB's instream flow water
rights by allowing the Applicant to divert certain water rights at an upstream point of diversion and
by allowing the Applicant to not replace its depletions in the same time, place and location at which
they occur.

The CWCB Staff holds the following water rights that will be injured by the Applicant's proposed
change of water rights and augmentation plan:

Case No.
1-94CW250

Stream
North Turkey Creek

Amount ( cfs)
3 (4/1-7/15)
.75 (7/16-3/31)

Appropriation Date
11/3/94

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The Staff has proposed terms and conditions that would protect the CWCB's instream flow water
rights, but the Applicant has not yet responded to the Board's proposed terms and conditions. The
Staff anticipates that the Applicant may fmd that these terms and conditions are acceptable, but as of
the date of this memo the Applicant has not agreed to include these terms and conditions in the
decree.

Flood Protection . Water Supply Planning and Finance . Stream and Lake Protection
Water Supply Protection. Conservation and Drought PIanning